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File #: 170510    Version: 0
Type: Resolution Status: Passed
File created: 7/11/2017 In control: COMMON COUNCIL
On agenda: Final action: 7/31/2017
Effective date:    
Title: Resolution authorizing a supplemental settlement agreement relating to the lawsuit entitled DJK 59 LLC et al. v. City of Milwaukee.
Sponsors: THE CHAIR
Indexes: AGREEMENTS, MUNICIPAL LIABILITY
Attachments: 1. Letter to Common Council, 2. Proposed Settlement Agreement

Number

170510

Version

ORIGINAL

 

Reference

 

Sponsor

THE CHAIR

Title

Resolution authorizing a supplemental settlement agreement relating to the lawsuit entitled DJK 59 LLC et al. v. City of Milwaukee.

Analysis

This resolution authorizes a supplemental settlement agreement between the City of Milwaukee and Business Improvement District No. 21 relating to the previous lawsuit of DJK 59 LLC et al. v. City of Milwaukee, Milwaukee County Case No. 2014CV955, Court of Appeals Case No. 2015AP2046.

Body

 

Whereas, Pursuant to Common Council File No. 161753 the City paid $483,941.41 to satisfy a judgment entered against the City in the lawsuit of DJK 59 LLC et al. v. City of Milwaukee, Milwaukee County Case No. 2014CV955, Court of Appeals Case No. 2015AP2046; and

 

Whereas, The subject lawsuit involved the refund of certain assessments collected by Business Improvement District No. 21; and

 

Whereas, Business Improvement District No. 21 has offered to contribute $120,985.00, to be paid over eight years at no interest, in exchange for a waiver and release of claims from the City relating to the lawsuit of DJK 59 LLC et al. v. City of Milwaukee, Milwaukee County Case No. 2014CV955, Court of Appeals Case No. 2015AP2046; and

 

Whereas, The City Attorney recommends and the Common Council of the City of Milwaukee deems it expeditious and just to approve the proposed settlement with Business Improvement District No. 21; now, therefore, be it

 

Resolved, By the Common Council of the City of Milwaukee that the proper City officials be and are hereby authorized and directed to execute a Settlement Agreement, Waiver and Release in accordance with the terms of this resolution and in a form approved by the City Attorney.  

 

Requestor

City Attorney

Drafter

Allison Flanagan

July 6, 2017

1056-2014-387.002:1240408